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(영문) 수원지방법원 성남지원 2017.03.16 2017고단91

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in support of Sungnam-gu Office of Friwon on October 10, 2008, and on July 11, 2007, the Defendant received a summary order of KRW 1.5 million as a crime of the same offense in the same court.

On January 9, 2017, the Defendant driven B K7 motor vehicles under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.130% in blood from the front of Smphland located in the Gyeonggi-dong in the Gyeonggi-si in the same city to the dynamic-dong road in the same city-dong.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the details of crackdown and the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a)

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;